{"id":3584,"date":"2018-07-02T08:42:10","date_gmt":"2018-07-02T15:42:10","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/?page_id=3584"},"modified":"2024-10-18T15:07:13","modified_gmt":"2024-10-18T22:07:13","slug":"who-is-at-fault-in-car-accident-changing-lanes","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/blog\/who-is-at-fault-in-car-accident-changing-lanes\/","title":{"rendered":"Who is at Fault in a Car Accident When Changing Lanes?"},"content":{"rendered":"

Introduction<\/h2>\n

Even the best drivers can find themselves on the wrong side of a car accident<\/a> in an instant. Accidents are often the result of a brief distraction, sometimes by both drivers, and unfortunately that momentary loss of attention can lead to serious injuries and property damage. While the primary concern should always be to ensure the health and safety of everyone involved, one of the first thoughts to cross your mind after an accident will inevitably involve whose fault it was. Like most legal questions, the answer to this one begins with \u201cit depends.\u201d<\/p>\n

There are some cut-and-dry rules that apply when it comes to traffic accidents, but even the most black-and-white issues can be turned upside down when the driver with the right-of-way is under the influence, excessively drowsy, recklessly aggressive, or distracted by their cell phone.<\/p>\n

Assigning Fault<\/h4>\n

If there is a personal injury claim from the accident, the court will need to assign fault to determine how much compensation each party is entitled to. Fault (also referred to as negligence<\/a> in a personal injury claim) generally refers to a person\u2019s or entity\u2019s failure to act with reasonable care to protect others from harm. In an auto accident, fault is usually placed with the driver who failed to operate their vehicle safely and obey the applicable traffic laws.<\/p>\n

You may be surprised to learn that in many accidents, both drivers share a portion of the responsibility. In fact, if both cars were moving prior to the accident, it\u2019s safe to assume that both drivers will end up with some responsibility. That said, the responsible portion may be as minimal as 1%, and there are certainly cases where you can end up with 0% responsibility.<\/p>\n

In cases where both parties share responsibility for the accident, the question isn\u2019t just who was at fault, but who has a greater share of responsibility for the accident. The answer to that question will determine who is primarily at fault for the accident, and subsequently who is responsible for the resulting property damage and injuries.<\/p>\n

Determining the Right of Way<\/h4>\n

When both of the cars involved in an accident were moving, one of the most important questions that police officers and insurance agents will be asking is who had the right-of-way<\/a>? The answer to this question hinges on the applicable traffic laws. The driver with the right-of-way usually won\u2019t be at fault for the accident, though he or she may end up with a portion of responsibility. Again, the issue isn\u2019t who was responsible, but who had primary responsibility for the accident.<\/p>\n

How to Determine Fault for a Changing-lanes Accident<\/h4>\n

Generally speaking, a vehicle that enters a lane of traffic is at fault for any accidents that result from their entrance into that lane. Similarly, when a driver merges lanes and causes a car accident, the merging vehicle is usually at fault for the accident. This is because the driver who is changing lanes has an obligation to ensure he or she can safely do so before merging lanes. So, whether the vehicle in question was entering the roadway, exiting the roadway, or simply traveling along the roadway, it\u2019s safe to say that the merging vehicle will typically be at fault.<\/p>\n

Investigators will also look at whether or not the merging driver properly used their turn signal. Failure to signal before changing lanes doesn\u2019t always result in a citation in every state, but it\u2019s an important piece of evidence when determining a driver\u2019s negligence.<\/p>\n

Shared Fault<\/h4>\n

As we discussed previously, it\u2019s possible for both drivers to share some responsibility for the accident. Under certain conditions, it\u2019s also possible for both drivers to be found at fault for the accident. Following are some common examples of situations where both drivers can be held at fault for the accident:<\/p>\n